Samuel Ugbeche V. Nigerian National Petroleum Corporation (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment)

The Appellant herein had commenced an action against the Respondent herein claiming inter alia several reliefs as per his Writ of Summons and Statement of Claim. Upon being served with the Originating processes, the Respondent filed a Notice of preliminary objection, challenging the competence of the Appellant’s suit on the ground that same had become statute barred.

The Appellant filed the relevant counter-affidavit in opposition accompanied with exhibits. Subsequently, after taking argument on the objection, the trial judge, ABUBAKAR, J., (now J CA) of the Federal High Court, Lagos on the 13th of July, 2007 upheld the Respondent?s preliminary objection and consequently dismissed the Appellant’s suit.

Naturally aggrieved with the decision of the Federal High Court, the Appellant commenced this appeal under a Notice of Appeal dated 9th October, 2007 and filed 10th October,2007 containing five grounds as set out therein.

?Briefs were filed and exchanged by the parties for the hearing of this appeal. Appellant’s Brief settled by Adekunle Ojo,

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Esq.; Oluwatosin Adegun Miss, of Adekunle Ojo & Associates is dated and filed 16th March, 2015 as well as Reply Brief dated 26th October, 2016 and filed 9th November, 2016 but deemed properly filed 13th November, 2016. The Reply Brief was settled by Adekunle Ojo Esq., and Taiwo Adetokun Esq. In the Appellant’s Brief, three issues were distilled thus:

?a. Whether or not the trial Court was right in holding that the Appellant’s cause of action which arose from his grievances over the gratuity and pension which was offered to him between June 2005 and July 2005 had become statute barred on the 2nd day of May 2006 when he instituted the suit. (Grounds A and E of the grounds of appeal)

b. Whether in arriving at the decision of 13/7/2007, the trial Judge’s inability to properly evaluate all relevant documents placed before the Court occasioned injustice to the Appellant.

(Grounds B and C of the grounds of appeal)

c. Whether by virtue of the provisions of Section 12 (1) of the Nigerian National Petroleum Corporation Act, the Appellant whose relationship with the Respondent arose out of contract of service, is barred on the 2nd day of May

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2006 from litigating his grievances over the errors in the calculation of his gratuity and pension, which he was phoned in June 2005 to come to Abuja and collect and which was offered to him in an internal memorandum of 13th July 2005. (Ground D of the grounds of Appeal).?

Munirudeen Liadi of Paul Usoro & Co settled the Respondent’s Brief dated and filed 28th July, 2016 but deemed properly filed on 23rd November, 2016. Two issues were formulated therein as follows: